To clarify, as I now understand the issue a little more clearly: the title of this bug is incorrect. The issue occurs when a refresh is called on an initialised entity, and there are other uninitialised entities of the same type and that type has batching enabled. So Hibernate decides to load those other uninitialised entities at the same time as the refreshing one.

After a conversation on IRC with Steve, we have confirmed that this is a new issue in org.hibernate.loader.entity.plan.LegacyBatchingEntityLoaderBuilder that did not exist in org.hibernate.loader.entity.LegacyBatchingEntityLoaderBuilder (note that the package name is slightly different, no plan). This was tested by modifying BatchingEntityLoaderBuilder to choose the later class.